The court allowed bail to the petitioner in an excise case revoking foreign liquor from a husk house, considering the period of custody and the petitioner's clean antecedent, subject to bond and conditions.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties, subject to conditions of cooperation in trial and presence in court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28743 of 2021
Arising Out of PS. Case No.-103 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur
======================================================
Pintu Kumar aged about 27 years (Male) Son of Ram Chandra Mahto @ Ram Chandra Singh Resident of Village- Keshopur, P.S.- Sakra, DistrictMuzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Hari Kishore Thakur For the Opposite Party/s : Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 09-08-2021
Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Excise Case No. 103 of 2020 and P.R. No. 03 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.
386 liters & 175 ml. of foreign liquor has been recovered from the husk house of the petitioner.
It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the husk house, which is open and accessible to public. Petitioner claims clean antecedent and he is in custody since 22.01.2021.
Learned A.P.P. for the State has opposed the bail
Patna High Court CR. MISC. No.28743 of 2021(2) dt.09-08-2021 2/2
petition.
Considering the period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Excise Case No. 103 of 2020 and P.R. No. 03 of 2020, on the following conditions:
“(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”
(Prabhat Kumar Singh, J.)
anay/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Pintu Kumar
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
